NETHERLANDS/AFGHANISTAN: GOING PUBLIC ON CHORA

S E C R E T THE HAGUE 001785

SIPDIS

SIPDIS

STATE FOR EUR/WE, EUR/RPM, SCA

E.O. 12958: DECL: 09/25/2017
TAGS: PGOV PREL NATO AF NL
SUBJECT: NETHERLANDS/AFGHANISTAN: GOING PUBLIC ON CHORA
CASUALTY REPORTS


Classified By: CDA Michael Gallagher, reasons 1.4 (b,d)


1. (S) Summary: In its monthly Afghanistan update letter sent
to Parliament on September 24, the GONL described four
separate reports regarding possible civilian casualties
related to the June 16-20 heavy fighting in and around Chora.
The GONL letter acknowledged COMISAF's opinion that the use
of armored howitzers without directly identifying military
targets was not in accordance with the Law of Armed Conflict
(LOAC),but emphasized that SACEUR and NATO Secretary General
de Hoop Scheffer disagreed with COMISAF's conclusions.
Additionally, the letter stresses that the investigations by
UNAMA and the Afghan Independent Human Rights Council
(AIHRC),the Afghan government, and the after-action report
by the Dutch military all assert that the Dutch Commander of
Task Force Uruzgan (CTFU) acted in self-defense and in
accordance with the LOAC and NATO rules of engagement (ROE).
Privately, GONL officials said they had little confidence
COMISAF's report would remain confidential and sought to
"preemptively" address COMISAF's findings. Dutch press has
factually reported on Dutch CHOD Gen. Berlijn's press
conference, which acknowledged the difference of opinion
between COMISAF and the other three investigations, but did
not specify COMISAF's finding that the Dutch had violated
international humanitarian law. End summary.

Letter to Parliament
--------------


2. (C) The 21-page monthly update on the Dutch deployment to
Afghanistan includes capsules on PM Balkenende's and
Development Minister Koender's recent trips to Afghanistan,
the status of reconstruction and development in Uruzgan
province, and a security assessment on the increased fighting
near Deh Rawood in southwest Uruzgan. The letter notes that
deploying additional troops to Deh Rawood may be a necessity,
and two platoons have been placed on "stand-by" alert as a
result.


3. (C) The last six pages of the letter involves an
exhaustive analysis of the Dutch fighting in Chora from June
16-20, including an explanation why the CTFU decided to call
in air and artillery support to prevent being overrun by
superior enemy numbers. The addendum addresses civilian
casualties resulting from the heavy fighting, noting
difficulty in determining the number of casualties resulting
from atrocities by the Taliban and those from Dutch action.


4. (C) The letter addendum also details the findings of four
investigations -- the Dutch military operational report,
UNAMA and the AIHRC, the Afghan government, and COMISAF --
following the fighting in Chora. According to the letter,
the investigations found that the decision to defend Chora
was within ISAF's mandate, an that the use of force by ISAF
was permitted undr the right to self-defense and the rules
of enggement. The letter notes, however, that the COMISA
investigation differs from the other three in tat COMISAF
argues the use of artillery without drect identification of
targets violates the law f armed conflict as insufficient
distinction canbe made between military targets and civilian
objcts.


5. (C) The letter makes clear that SACEUR and NATO Secretary
General de Hoop Scheffer disagree with COMISAF's findings,
noting that there were no indications the CTFU had acted
incorrectly within the context of the right to self-defense,
and that the factual information does not support COMISAF's
conclusion that the CTFU had violated the law of armed
conflict. Moreover, the Dutch military operational report
notes that the CTFU issued warnings to the local population
before using air or artillery support; the Afghan government
and UNAMA/AIHRC investigations support this assertion. The
operational report also states that targets had been
identified in advance whenever artillery was used, and that
it was established with sufficient certainty that such
targets will corresponded to military targets.

Press Coverage
--------------


6. (C) Dutch CHOD Gen. Berlijn gave a press conference on

September 24, focusing on the increased fighting in Deh
Rawood, and the possible need to deploy additional troops.
Berlijn did mention the results of the Chora investigations,
noting that all four found Dutch actions justified, and that
Dutch forces had acted "correctly" and within the parameters
of their mandate. Berlijn pointed out that COMISAF disagreed
with the other three regarding the use of artillery, but did
not specifically note that COMISAF found such artillery use
had violated the law of armed conflict. Finally, Berlijn
expressed regret for the loss of civilian lives, noting that
while many had been brutally killed by the Taliban, some had
likely died as a result of ISAF actions.


7. (SBU) Thus far, the Dutch press for the most part has
taken a pass on the COMISAF report, focusing more on the
possibility of deploying additional troops in support of ISAF
near Deh Rawood. The only Dutch newspaper with a substantial
article on the discrepancy with COMISAF is the Volkskrant
(center-left),which leads with the headline "Dutch Actions
in Chora Justified." The article itself is balanced and
factual in its reporting on the investigation.

GONL Reaction
--------------


8. (S) MFA Task Force Uruzgan Coordinator Pieter Jan Kleiweg
told polmiloff September 25 that the GONL was "thrilled" thus
far with the way the COMISAF report has played out in the
public. He said that by including it in the report, the GONL
can point out it was not withholding information on the Chora
investigations. He also acknowledged that the generally
negative tone of the letter was "no coincidence," while
coupling the report with the possibility of deploying
additional support troops to Deh Rawood certainly helped
distract the press. He emphasized, however, that the GONL
was not yet "out of the woods," especially as GONL officials
will be required to appear before a parliamentary hearing in
the near future to discuss the letter. Kleiweg said there
was enough information in the letter for parliamentary
opposition leaders to make an issue of the COMISAF report,
should they choose to pursue it.

Comment
--------------


9. (S) By citing the COMISAF report in a public document to
parliament, albeit buried within twenty pages, the GONL is
playing a risky game -- but, so far, it seems to be working.
The Dutch press appears to be taking Gen. Berlijn at his
explanation regarding the COMISAF discrepancy, but more
attention may come once journalists finally read through the
letter, which has now been posted on both the MFA and MOD
websites, and which clearly states COMISAF's finding that the
Dutch violated the law of war. It would be very surprising
if some parliamentary opposition members do not come to the
upcoming Afghanistan prepared to ask difficult questions, but
the GONL appears confident it can handle whatever gets thrown
at them.
Arnall